LMN and XYZ vs Chief Constable of Avon and Somerset Constabulary

Investigatory Powers Tribunal · 2026-07-27 · UK · verified record

Themes: Cross-sector · National security

The Investigatory Powers Tribunal Neutral Citation Number: [2026] UKIPTrib 5 Case No: IPT/21/199/C & IPT/21/203/C IN THE INVESTIGATORY POWERS TRIBUNAL Date: 27 July 2026 Before : LADY CARMICHAEL (PRESIDENT) JUDGE RUPERT JONES and FRANCESCA DEL MESE Between : (1) LMN (2) XYZ Complainants -and- THE CHIEF CONSTABLE OF AVON AND SOMERSET CONSTABULARY Respondent Hannah Smith (instructed by Bhatt Murphy) for the Complainants James Berry KC (instructed by Legal Services, Avon and Somerset Constabulary) for the Respondents William Hays appeared as Counsel to the Tribunal Hearing date: 21 January 2026 1. The first and second complainants (“LMN” and “XYZ”, respectively) have brought proceedings and made complaints pursuant to sections 65 (2)(a) and (b) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) in relation to the conduct of Avon and Somerset Constabulary (“the respondent”). Central to their complaints is the lawfulness of surveillance carried out by means of a video camera and microphone installed on the rear face of the home of CDE, who lives next door to LMN. 2. On 27 February 2021 PC Roth, of the respondent, applied for directed surveillance authority (“DSA”) to install a CCTV camera at the rear of the home of LMN’s next door neighbour, CDE. He resubmitted the application on 3 March 2021, and on 9 March 2021 Detective Superintendent Raphael approved it. 3. The background, which we examine in more detail below, was one of allegations made by LMN about CDE’s conduct, and allegations by CDE made about LMN’s conduct. 4. On 6 April 2021, two surveillance devices, a covert camera and a microphone were installed in the back garden of CDE’s property. The camera was placed on a fence in CDE’s garden looking towards the first complainant’s garden. A microphone was placed underneath CDE’s kitchen window. 5. LMN’s first floor bathroom window was directly above CDE’s garage and garden. The first floor of LMN’s property is broader than the ground floor and garden of CDE’s property. 6. On one occasion disclosed by the recordings retained by the respondent, the microphone picked up LMN when she was speaking inside her own property. LMN was in the bathroom of her home, at the rear of the property. The bathroom of LMN’s property is on the first floor and is located over the ground floor of CDE’s property. 7.…